15 cts. net or 16 cts. gross for first 30 kw. hrs. per month.
66
"next 60

12 cts. 9 cts.

46

13 cts.
10 cts.

66

all over 90 kw. hrs. per month.

The utility's report for the year ending June 30, 1914, shows that 42 out of a total of 141 customers are supplied with service at flat rates. The respondent desires that an order be made authorizing it to set aside its flat rates, and to place all consumers on the authorized meter rates. The Commission has found repeatedly that flat rates lead to waste of service and inequality of charges, and has been inclined to authorize the continuation of such charges only when unusual conditions require it. The conditions in so far as the application of meter rates is concerned do not appear to be unusual in this case, and the respondent is ready and willing to furnish the meters. The Commission will, therefore, authorize the abandonment of the respondent's flat rates, and the meter rates which will be ordered will apply to all commercial service.

The present schedule of rates provides for a meter rental of 25 cents per month, which charge is added to the bill for current consumed. The meter rental provision will be set aside and a minimum monthly charge of $.75 will be substituted for it.

As a superficial examination of this proposed schedule might suggest that an increase in rates is contemplated because the first step of the proposed schedule shows a gross rate of 16 cts. per kw. hr., it should be pointed out here that the maximum net rate is to remain at 15 cts. per kw. hr. The gross rates become effective only upon failure of the consumer to pay monthly bills within a reasonable time. It may be seen upon referring to the schedule of meter rates, now in force, that some difference exists in the discounts which apply on bills for residence and business service. It is intended that this difference shall be wiped out by the new schedule. This smoothing out of the inequalities of the schedule and the substitution of a minimum charge in place of a meter rental will result in a small increase in bills which beretofore have been less than $.75 per month, and in residence bills ranging from $4 to $6.30 per month. Otherwise, the new rate will effect some reduction as the following table indicates:

The petitioners request that the respondent be required to re-
fund to the consumers any and all moneys collected from them in
excess of a reasonable charge for service heretofore furnished.
It has not been shown, nor do we find, that the rates on file with
the Commission are not the respondent's lawful rates. The pe-
titioners make no claim that the respondent's charges are not
in accord with the schedules on file, but appear to rest their claim
for refund upon a difference between actual and reasonable
charges. Even if the Commission should now find that the
respondent's rates are excessive for the service which it renders,
the Commission's order would be incompetent to grant to the
petitioners any refund on account of past services. Since the
Commission's order as to rates can deal only with future charges,

that portion of the petition which relates to refunds must be dismissed.

It is therefore ordered that the Omro Electric Light Company, respondent, operate its plant and furnish electric service therefrom in the village of Omro from dusk of each and every day until dawn, the following day.

It is further ordered that the respondent set aside its schedule of flat rates and meter charges now in effect for electric service, and substitute in lieu thereof the following schedule, deemed just and reasonable:

Commercial Lighting.

Minimum monthly charge: $0.75.

Meter Rates:

First 30 kw. hrs. per month 15 cts. net or 16 cts. gross.

Next 60 All over 90

66

66

66

66

12 cts.

Discount:

The difference between the gross and net rates shall constitute a discount for prompt payment of bills.

Street Lighting.

Moonlight, dusk to midnight schedule:

3.5 ampere 240 volt arc lamp @ $48.00 per year. 40 watt tungsten lamps @ $12.48 per year.

Moonlight, all night schedule:

3.5 ampere 240 volt are lamp @ $60.00 per year.

40 watt tungsten lamps @ $15.00 per year.

It is further ordered that the petition in so far as it relates to refund for excessive charges be and the same is hereby dismissed.

Railroad Commission of Wisconsin, by Halford Erickson, Carl D. Jackson, Walter Alexander, Commissioners.

CALIFORNIA RAILROAD COMMISSION.

IN RE APPLICATION OF CONSOLIDATED WATER
COMPANY OF POMONA.

[Decision No. 2164; Application No. 1529.]

· Renewal of notes - Action not binding in rate in

Permission was granted a water company to renew notes to the amount due, on condition that such action should not be urged as a finding of value before the Commission or any other board or tribunal of the state in a rate-fixing proceeding.

[February 24, 1915.]

APPLICATION for permission to renew promissory notes; granted as to notes due or past due, without prejudice to reapplication as to unmatured notes.

Appearances: G. A. Lathrop for applicant.

Devlin, Commissioner: In this application Consolidated Water Company of Pomona asks for authority to renew certain promissory notes of a total principal sum of $59,894.85. After an examination of these notes, I find that notes in the sum of $43,100 are now due or past due, but that notes for the balance have not yet matured.

This company has applied to this Commission for permission. to sell its system to the city of Pomona, and has requested that this Commission hold a hearing and determine the value of its property. The applicant has an outstanding issue of $175,000 of bonds, and has a listed floating indebtedness of approximately $60,000. At the hearing, it was stipulated that any authorization which might be given in this matter to the applicant to issue notes should not be binding, or evidence to be considered in any proceeding hereafter to be held to fix the values for the properties of this applicant.

For the calendar year of 1913, this applicant reported as follows:

I recommend that the application be granted as to the issue of notes in the sum of $43,100, and that it be denied as to the remaining notes without prejudice to the right of the applicant to apply for the refunding of such other notes as it may have outstanding when these notes mature or are about to mature. Accordingly, I recommend the following form of order:

ORDER.

Consolidated Water Company of Pomona having applied to this Commission for authority to issue notes in the sum of $59,894.85 to refund a like amount of notes now outstanding, and a hearing having been held, and it appearing that the proceeds de

rived from the notes in the sum of $43,100 were not reasonably chargeable to operating expenses or to income,

It is hereby ordered that Consolidated Water Company of Pomona be granted authority, and is hereby granted authority, to issue promissory notes to the face value of $43,100.

It is further ordered that the application of Consolidated Water Company of Pomona to issue notes to the face value of $16,794.85 be and it is hereby denied without prejudice.

The authority herein given to applicant to issue $43,100 of promissory notes is given upon the following conditions and not otherwise:

(1) The notes herein authorized to be issued shall be issued for the following purposes:

(a) To refund the following notes:

(b) To renew notes issued to refund the notes listed in subdivision a, above, on condition that such renewals shall mature not later than June 30, 1916.

(2) The notes herein authorized to be issued shall mature not later than June 30, 1916, and shall bear a rate of interest not to exceed 7 per cent per annum.

(3) The notes herein authorized to be issued shall be issued so as to net the applicant the face value thereof.

(4) The applicant shall report to this Commission on the 25th

P.U.R.'15B.-2.